Councils must resist noisy NIMBYs

The so-called Not In My Backyard (NIMBY) forces have chalked up some dubious triumphs in Sydney over the years. But there are few so ludicrous as the rejection of extended trading hours at The Joey, a landmark eatery on the Barrenjoey Headland at Palm Beach.

As the Herald revealed on Tuesday, the owners of The Joey, also known as the Barrenjoey Boatshed, wanted to lengthen its current 7am to 4pm trading hours to 7am to 11pm, seven nights a week. But after a handful of complaints the plan was knocked back by Northern Beaches Council, triggering a likely challenge in the Land and Environment Court. The proposal was rejected even though the nearest residence is nearly 600 metres away. A nine-hole golf course separates it from the nearest residential neighbours. “We’re one of the most remote restaurants in Sydney,” said Ben May, co-owner of The Joey.

The historic Pittwater boatshed that now houses The Joey has been a Palm Beach landmark since 1947 and recently underwent a $7 million rebuild. An independent expert assessment of The Joey’s application to extend trading hours, prepared for Northern Beaches Council, points out that nearby restaurants and cafés “operate at night and are notably closer to residential areas.” Palm Beach’s Casa by the Boathouse restaurant, which operates until 10pm, is adjacent to local housing.

The assessment went on to recommend that The Joey’s request be granted. Of the 139 public submissions made to Northern Beaches Council about the proposal, 132 were supportive of extended trading hours and only seven were opposed. The list of concerns ranged from “noise impacts” on residents to the effects on local parking and how longer hours would not benefit the public when it is booked for functions. Because there were more than five objections, The Joey’s submission was referred to a three-member panel including the council’s two development assessment managers and its strategic and place planning manager. Council notes show the panel found the extended hours did “not meet the requirement to be of minimal environmental impact.” The owners of The Joey say the decision will result in local job losses and the Herald’s Scott Bolles reports they plan to take the decision to the Land and Environment Court in the coming months. Minister for Music and the Night-time Economy John Graham has urged the council to review its decision. “When the nearest house is more than half a kilometre away, and separated by a golf course, it begs the question: what is the definition of ‘a neighbour’?” he said. It would be easy to write off the rejection of The Joey’s proposal as a quirky row playing out in one of the city’s wealthiest enclaves. But rewarding such egregious NIMBYism threatens to undermine reasonable complaints made about noise levels and over-development across the whole city.

As Sydney’s population climbs towards 6 million we must get better at dealing with disagreements over development. The city is in the midst of a historic transition and many localities are debating the balance between heritage and growth. We desperately need a well-informed, savvy public discourse on how best to strike that balance. But The Joey’s case shows how difficult that can be in Sydney. It also highlights how differently businesses and residents are treated across Sydney. Imagine an eatery in King Street in Newtown or Little India in Harris Park being made to comply with the restrictions being imposed on The Joey? Thousands of Sydneysiders live with many restaurants nearby their homes. What makes a few people in Palm Beach so special that an eatery 600 metres away can’t operate at night? Councils will always have noisy NIMBYs to deal with. But they must have the courage to back legitimate proposals made by businesses, even in Palm Beach. The Opinion newsletter is a weekly wrap of views that will challenge, champion and inform your own. Sign up here.